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27 Sep 2010, 7:00 am
Apparently, when the exhibits available for the jury’s review were collected, it was discovered that the plaintiff’s attorney’s ‘typewritten summation notes,’ which were not in evidence, had been mixed in with the plaintiff’s decedent’s medical records, which were in evidence. [read post]
26 Apr 2014, 3:16 pm
Additionally, to bring a private claim, the plaintiff must be a consumer who “contracts for goods or services in reliance upon false or fraudulent representations or practices . . . [read post]
18 Jul 2008, 3:22 pm
The same holds true for the plaintiff's deposition. [read post]
15 Sep 2014, 1:18 pm
The defendant stated that the plaintiff’s non-pecuniary award should be reduced by 10%-20% in order to take into account the plaintiff’s failure to mitigate. [read post]
25 Oct 2007, 4:59 am
The school of hard knocks.At the § 50-h hearing, the infant plaintiff testified that three days before the incident which triggered the complaint, another student at his junior high school entered plaintiff's classroom, challenged him to a fight, and threw plaintiff's hat, which was on his desk, to the floor. [read post]
10 Nov 2017, 3:00 am
AU Optronics Corp., 134 S. [read post]
10 Aug 2011, 6:10 am
In fact, the allegations set forth i a plaintiff's petition are accepted as true. [read post]
8 Apr 2011, 11:57 am
The Meemic case arises out of a house fire at the home of plaintiff’s insureds. [read post]
14 May 2018, 7:24 am
’” Monsanto’s motion to dismiss, filed on July 10, 2017, stated that plaintiffs’ “claims are time-barred, that Plaintiffs fail to state a claim because the statement at issue is not false or misleading, and that Plaintiffs’ claims are preempted by [the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)]. [read post]
23 Jun 2021, 4:00 am
" However, as the Comptroller did not reach the issue as to whether the 2011 incident constituted an accident within the meaning of Retirement and Social Security Law §363, the court remitted the matter for the Comptroller's consideration of that element of Plaintiff's claim.* As Plaintiff's brief did not address Comptroller's finding with respect to the 2000 incident, the Appellate Division deemed that claim… [read post]
23 Jun 2021, 4:00 am
" However, as the Comptroller did not reach the issue as to whether the 2011 incident constituted an accident within the meaning of Retirement and Social Security Law §363, the court remitted the matter for the Comptroller's consideration of that element of Plaintiff's claim.* As Plaintiff's brief did not address Comptroller's finding with respect to the 2000 incident, the Appellate Division deemed that claim… [read post]
13 Sep 2009, 8:44 pm
This matter involved a life insurance agreement made by the plaintiff with the defendant trust when the trustee was also a shareholder and an employee of the plaintiff. [read post]
28 Apr 2020, 5:00 pm
The Court’s analysis in Elburn recognizes that a shareholder plaintiff’s burden to plead specific facts varies depending on the plaintiff’s reasonable access to the facts underlying his or her theory of demand futility. [read post]
31 Aug 2023, 6:00 am
Ceballos, 547 U.S. 410, the Circuit Court opined that Plaintiff's First Amendment claims fail because "under Pickering v. [read post]
31 Aug 2023, 6:00 am
Ceballos, 547 U.S. 410, the Circuit Court opined that Plaintiff's First Amendment claims fail because "under Pickering v. [read post]
30 Nov 2011, 10:52 pm
Defense counsel is allotted a 21-day window in which to inspect [Plaintiff]’s profile. [read post]
12 Nov 2009, 7:57 am
Plaintiff's Motion in Limine for Order Precluding Reference to Plaintiff's Residency or Immigration Status Plaintiff MOLLY CHANCE hereby moves this Court for an order excluding any and all evidence, references to evidence, testimony or argument relating to plaintiffs immigration and/or residence status. [read post]
6 Jul 2014, 9:08 am
The trial court denied plaintiff’s motion to disqualify landlord’s attorney, whose firm was hired by plaintiff’s firm to defend in a malpractice suit against plaintiff’s attorney’s partner. [read post]
12 Feb 2015, 2:12 pm
Accordingly, Kmart produced responsive documentation, but not to Plaintiff’s satisfaction. [read post]
4 Nov 2012, 2:16 pm
Based on this lack of treatment, the ALJ further found that Plaintiff's testimony regarding the nature and extent of his impairment was "less than credible. [read post]
